CHANDI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of 21 writ petitions (Nos. 87, 125, 155, 161, 191, 194, 225, 247, 251, 282, 303, 304, 307, 312, 327, 357, 408, 424, 471, 488 and 646 of 1975), as they challenge the validity and constitutionality of certain provisions of the Punjab Betterment Charges and Acreage Rates Act, 1952. (hereinafter referred to as the Act) and the Rules framed thereunder, as are applicable to the State of Haryana. The Act received the assent of the Governor of Punjab on January 5, 1953, and was published in the Punjab Government Gazette (Extraordinary) dated January 21, 1953, and came into force in the territories comprised in the then State of Punjab on that date. The Patiala and East Punjab States Union also enacted the Pepsu Betterment Charges and Acreage Rates Act, 1954. which was in force in the territories of that State when the merger of the two States of Punjab and Pepsu took place with effect from November 1, 1956. Thereafter, it was considered desirable that in the new Punjab State there should be one Act governing the levy of Betterment Charges and Acreage Rates. Consequently, Sub-section (2) of Section 1 was substituted as under by Section 2 of Punjab Act No. 12 of 1958:-- "1 (2 ). It shall extend to the territories which, immediately before the 1st November. 1956, were comprised in the State of Punjab and Patiala and East Punjab States Union. " This Amending Act received the assent of the Governor of Punjab on April 21, 1958, and was brought into force on November 15, 1958. by Punjab Government notification of that date. From that date the Act became applicable to the entire State of Punjab, as was constituted on November 1, 1956, and as a result of the reorganisation of that State, with effect from November 1, 1966, the Act was continued to apply to the State of Haryana.

(2.) THE object of this enactment was to make a levy from the landowners who irrigated their lands from the various irrigation schemes including Bhakra-Nangal Project undertaking by the State, as contribution towards meeting the expenditure of those projects. The Statement of Objects and Reasons, as published in the Punjab Government Gazette (Extraordinary) dated October 28, 1952, reads as under: --

(3.) PROCEDURE for levy of betterment charges:-- (1) At any time after the expiry of one month from the date of the publication of the notification referred to in Section 3. the Government may cause a schedule of betterment charges to be prepared for all lands or class of lands included in an irrigation scheme showing the rates at which the charges shall be leviable on the lands and payable by the landowners and occupancy tenures there-of and the proportions in which the charges shall be so payable. (2) In preparing a schedule under Sub-section (1) for the levy of betterment charges in respect of any irrigation scheme regard shall be had to the following, namely: -- (a) the type of irrigation: (b) the improvement in irrigation; (c) the extent of betterment accruing of the lands. (3) A draft of the schedule prepared under Sub-section (1) shall be published in the official Gazette, a copy of which shall be posted at some conspicuous place in the area affected and in such other manner as may be prescribed. (4) Any land owner or occupancy tenant who may be affected by the proposed betterment charges may, within sixty days from the date of the publication of the schedule in the official Gazette, or from the date of its publication in the village, whichever is later, present a petition in writing to the Government stating his objections, if any, to the levy of the betterment charges or the rate thereof. (5) After considering the objections and after making such further inquiry into the matter as the Government may think fit, the Government shall determine the final schedule of betterment charges and cause the same to be published in the official Gazette, and in such other manner as may be prescribed.